NAC 535.010Definitions. (NRS 532.120)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 535.015 to 535.100,
inclusive, have the meanings ascribed to them in those sections.

NAC 535.020“Applicant” defined. (NRS 532.120)“Applicant”
means a person who files an application for approval of plans for a dam.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.025“Application for approval of plans for a dam” defined. (NRS 532.120)“Application
for approval of plans for a dam” means an application submitted pursuant to
paragraph (b) of subsection 2 of NRS
535.010 for approval of plans and specifications for a new dam or for the
reconstruction or alteration of an existing dam.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.030“Capacity” defined. (NRS 532.120)“Capacity”
means the maximum volume of water, expressed in acre-feet, that a dam is
physically capable of impounding without overtopping.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.035“Closure” defined. (NRS 532.120)“Closure”
means the permanent revocation by the State Engineer of permission to construct,
maintain or operate a dam or to impound water behind a dam.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.040“Dam” defined. (NRS 532.120)“Dam”
means any structure that stores or diverts water for a beneficial purpose. The
term includes a dam that is proposed. The term does not include a levee or road
embankment that is:

1. Designed as a levee or floodwall intended
to constrain the water of a creek or river to its natural floodplain in the
event of a flood;

2. Designed as a levee for the reinforcement
of a ditch, watercourse or canal; or

3. Designed for the sole purpose of
supporting a roadbed, path or other means of conveyance for the transportation
of vehicles, pedestrians, trains or bulk commodities if the levee or
embankment:

(a) Is free-draining;

(b) Has a residence time for impounded storm water
of less than 24 hours; and

(c) Unless the levee or embankment is less than 10
feet in height, has drainage capacity sufficient to pass, without overtopping,
an amount of water equal to the storm runoff generated by a storm whose annual
chance of exceedence is 1 percent.

NAC 535.050“Impounding” defined. (NRS 532.120)“Impounding”
includes any detention of water without regard to the duration of the
detention.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.055“Inflow design flood” defined. (NRS 532.120)“Inflow
design flood” means a hypothetical flood of a given magnitude that is used to
determine the design of a dam and its related hydraulic features.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.060“Maximum conservation elevation” defined. (NRS 532.120)“Maximum
conservation elevation” means that elevation to which water is approved to be
stored pursuant to the approval to impound.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.065“Maximum credible earthquake” defined. (NRS 532.120)“Maximum
credible earthquake” means a hypothetical earthquake of a magnitude determined
by the United States Geological Survey as the worst-case scenario that is
reasonably possible for the region in which a dam is located.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.070“Operator” defined. (NRS 532.120)“Operator”
means a person, including an owner or his or her designee, who controls the
day-to-day operations of a dam.

1. The largest that could be expected from
the most severe combination of critical meteorologic and hydrologic conditions
that are reasonably possible for the region in which a dam is located; and

2. Such that there is virtually no chance of
its being exceeded.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.085“Professional engineer” defined. (NRS 532.120)“Professional
engineer” has the meaning ascribed to it in NRS 625.060.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.090“State Engineer” defined. (NRS 532.120)“State
Engineer” has the meaning ascribed to it in NRS 533.015.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.095“Water” defined. (NRS 532.120)“Water”
includes any potentially mobile fluid or semifluid substance that is capable of
being impounded by a dam, including, without limitation, tailings, slimes,
organic waste and sewage.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.100“Water right” defined. (NRS 532.120)“Water
right” means a valid appropriation of the public waters of this state pursuant
to chapters 533 and 534 of NRS.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.110Expression of “elevation.” (NRS 532.120)For the
purposes of this chapter, each “elevation” must be expressed as a deviation
from a point included in the North American Vertical Datum of 1988.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.120Height, crest and toe of dam. (NRS 532.120)For the
purposes of this chapter:

1. The height of a dam is the maximum
difference in elevation between the crest and the toe of the dam.

2. The crest of a dam is the nominal top
horizontal surface of the dam excluding railings or parapet walls.

3. The toe of a dam is the contact between
the outer shell of the dam and the natural ground surface on the downstream
side of the dam.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.130Determination of size of dam. (NRS 532.120)For the
purposes of this chapter, a dam is:

1. Small if it is less than 20 feet in
height and impounds less than 100 acre-feet of water.

2. Medium if it is neither small nor large.

3. Large if it is 50 feet or more in height
or impounds 10,000 acre-feet or more of water.

1. The State Engineer will assign a hazard
classification to each dam.

2. The State Engineer will determine the
immediate consequences to persons and property located downstream from the dam
in the event of a failure of the dam. The State Engineer will classify a dam
as:

(a) High hazard if its failure carries a high
probability of causing a loss of human life.

(b) Significant hazard if its failure carries a:

(1) Reasonable probability of causing a loss
of human life; or

(2) High probability of causing extensive
economic loss or disruption in a lifeline.

(c) Low hazard if its failure carries a:

(1) Very low probability of causing a loss of
human life; and

(2) Reasonable probability of causing little,
if any, economic loss or disruption in a lifeline.

3. If changes in the persons or property
located downstream from a dam change the immediate consequences in the event of
a failure of the dam, the State Engineer will change the hazard classification
of the dam accordingly.

4. The hazard classification of a dam does
not constitute a warranty in favor of anyone concerning the actual safety of
the dam.

5. As used in this section, “lifeline” includes,
without limitation, a:

(a) Road that is the sole means of access to a
community;

(b) Major trunk or transmission line for gas or
electricity, the disruption of which could pose significant risks to the public
health, safety or welfare of the affected community;

(c) Transmission line for gas or electricity that
serves a hospital or other comparable facility; and

(d) Railroad line used or proposed to be used in
interstate commerce.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

CONSTRUCTION, RECONSTRUCTION, ALTERATION AND
DECOMMISSIONING OF DAMS

NAC 535.200Notice to State Engineer before construction, reconstruction or
alteration of dam. (NRS 532.120, 535.010)

1. A person who is required, pursuant to NRS 535.010, to notify the State
Engineer before he or she constructs, reconstructs or alters a dam must submit
to the State Engineer:

(a) A description of all work that is proposed.

(b) The name, mailing address and telephone number
of each owner of the dam.

(c) The name, mailing address and telephone number
of the operator of the dam.

(d) The name, mailing address and telephone number
of each professional engineer in responsible charge of work in connection with
the proposed work on the dam.

(e) The source of the water to be impounded by the
dam.

(f) The number of the permit for each water right
for the water to be impounded by the dam.

(g) The date on which the work on the dam is
anticipated to commence.

(h) The location of the dam. The location must be
expressed by bearing and distance to a known section corner from a reference
point on the dam. The reference point must be on the long axis of the dam at
the station where the toe is at the lowest elevation. If no single point meets
this criterion, the reference point must be at the intersection of the long
axis and the principle outlet centerline of the dam.

(i) An estimate of the length, height and volume of
the dam.

(j) The capacity of the reservoir to be created by
the dam.

(k) A set of plans for the proposed work. The set
of plans must:

(1) Consist of at least three sheets of paper
that are each 11 by 17 inches in size and contain:

(I) A cover sheet that includes the names
of all the owners, the name of the dam or project and a location plat for the
dam that includes a referenced section corner;

(II) A plan view of the dam and
impoundment that shows the alignments of cross sections of the dam; and

(III) One or more cross sections of the
dam that depict the outlet, spillway and maximum embankment height.

(2) Be prepared by a person licensed pursuant
to the provisions of chapter 623, 624 or 625 of NRS, or by an owner or builder of
the dam.

2. The State Engineer will review the notice
and its accompanying materials and, not later than 30 days after receiving the
notice, will respond in writing stating:

(a) The deficiencies, if any, in the submission
that must be cured;

(b) That approval of the plans and specifications
pursuant to subsection 2 of NRS
535.010 is required before construction may begin; or

(c) That no such approval is necessary.

3. A person who files a completed
application for approval of plans for a dam pursuant to NAC
535.210 or 535.220 shall be deemed to have
complied with this section.

4. As used in this section, “responsible
charge of work” has the meaning ascribed to it in NRS 625.080.

(a) Include, or if filed with the plans refer to,
one or more plats showing each test pit, borehole or other exploration site;

(b) Show the lithology at each exploration site,
including standard penetration test results or other means of estimating
bearing capacity;

(c) Include estimates of the:

(1) Suitability of the site for the proposed
project;

(2) Foundation bearing capacity of the site;
and

(3) Expected settlement;

(d) Indicate the soil properties in each relevant
area, including, without limitation:

(1) The foundation;

(2) Each abutment;

(3) The reservoir; and

(4) The borrow;

(e) Show the depth to groundwater and permeability
of foundation materials;

(f) Explore seismic hazards in the area; and

(g) Include a discussion of any special conditions
at the site of which the applicant is aware.

5. The specifications for construction must:

(a) Address all aspects of construction;

(b) Include a schedule of testing for quality
assurance and quality control;

(c) Provide a precise citation to the location of
any other common specification to which it refers; and

(d) Be on standard paper that is 8 1/2 by 11 inches
in size.

6. The plans must:

(a) Depict the proposed work adequately and
include, without limitation:

(1) A cover sheet that includes, without
limitation:

(I) The name of each owner of the dam;

(II) The name of the dam; and

(III) A location plat that shows at least
one section corner;

(2) A second sheet that shows
elevation-capacity and elevation-area curves;

(3) A third sheet which includes a plan view
of the dam and impoundment that shows, without limitation:

(I) The alignments of cross sections of
the dam;

(II) The reference point of the dam, tied
to a found section corner and identified by latitude and longitude; and

(III) Section corners and
postconstruction elevation contours;

(4) A fourth sheet which includes cross sections
at each outlet and spillway, and at the maximum embankment height, that show
preconstruction and postconstruction ground elevation contours; and

(5) A fifth sheet that shows appurtenant works
and details.

(b) Show a tie with bearing and distance to a found
section corner from a reference point on the dam. The reference point must be
on the long axis at the station where the toe is at the lowest elevation. If no
single point meets this criterion, the reference point must be at the
intersection of the long axis and the centerline of the principle outlet.

(c) Not include any spurious or excessive detail,
including, without limitation, plantings, streets, buildings and pipelines,
unless their location directly affects construction, operation or maintenance
of the project.

(d) Unless the use of exaggerated dimensions is
necessary for clarity, have the same vertical and horizontal scales.

(e) Be in one color on standard paper that is 24 by
36 inches in size.

7. Each addendum must:

(a) Be reasonably necessary; and

(b) Be on standard paper that, if the addendum
consists of:

(1) Text only, is 8 1/2 by 11 inches in size;
or

(2) An illustration, is not larger than 11 by
17 inches in size.

8. A calculation included in the plans and
specifications that concerns strength or stability must incorporate a factor of
safety. The factor of safety:

(a) If the calculation describes conditions of
steady-state seepage static load, must not be less than 1.4;

(b) If the calculation describes conditions of
postconstruction static load, must not be less than 1.3;

(c) If the calculation describes conditions of
rapid reservoir draw down load, must not be less than 1.25; or

(d) If the calculation describes conditions of
seismic load, must not be less than 1.0.

9. For the purposes of determining whether a
person is required to apply for approval of plans for a dam pursuant to
paragraph (b) of subsection 2 of NRS
535.010, the State Engineer will calculate the capacity of the dam as the
volume of water, expressed in acre-feet, detained above the anticipated
elevation of the lowest point on the toe of the dam.

10. As used in this section, “design
earthquake” means a hypothetical earthquake of a specified magnitude used in
the design of a dam.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.220Submission of application for approval of plans for
decommissioning of dam. (NRS 532.120, 535.010)

1. A person who is required by NRS 535.010 to file an application
for approval of plans for the decommissioning of a dam must submit to the State
Engineer:

(a) The application; and

(b) Three copies of the plans and specifications,
including, without limitation:

(1) A design report;

(2) The specifications for construction; and

(3) A set of plans.

Ê Each element
of the plans and specifications must be prepared by or under the supervision of
a professional engineer and must bear the wet stamp and signature of the
professional engineer.

2. The application must be:

(a) On a form provided by the State Engineer;

(b) Complete; and

(c) Signed by each owner of the dam or by an agent
authorized to sign the application on behalf of the owner.

3. The design report must include, without
limitation:

(a) A detailed description of the proposed work;

(b) Discussions of:

(1) The plan for release of water impounded by
the dam;

(2) The stabilization of sediment;

(3) The anticipated consequences to persons
and property located downstream from the dam;

(4) Design features to prevent a sudden
release of water or slope failure during decommissioning; and

(5) Erosion control; and

(c) If a breach in an embankment of the dam is
designed with a bottom width that is less than the height of the embankment,
calculations that establish the slope stability of the walls of the breach.

4. The specifications for construction must:

(a) Address all aspects of construction;

(b) Include a schedule of testing for quality assurance
and quality control;

(c) Provide a precise citation to the location of
any other common specification to which it refers;

(d) Be on standard paper that is 8 1/2 by 11 inches
in size; and

(e) Set forth the sequence of activities, including
a timetable.

5. The plans must:

(a) Depict the proposed work adequately and
include, without limitation:

(1) A cover sheet that includes, without
limitation:

(I) The name of each owner of the dam;

(II) The name of the dam; and

(III) A location plat that shows at least
one section corner;

(2) A second sheet which includes a plan view
of the existing dam and impoundment that shows, without limitation:

(I) The alignments of cross sections of
the dam showing proposed alterations to the dam and impoundment;

(II) The reference point of the dam, tied
to a found section corner and identified by latitude and longitude; and

(III) Section corners and elevation
contours; and

(3) A third sheet which includes a plan view
of the dam and impoundment at the completion of decommissioning that shows,
without limitation:

(I) Details of proposed alterations to
the dam and impoundment, including any new construction for the purposes of
erosion control; and

(II) Representative cross sections
through the dam, breach and impoundment.

(b) Show a tie with bearing and distance to a found
section corner from a reference point on the existing dam. The reference point
must be on the long axis at the station where the toe is at the lowest
elevation. If no single point meets this criterion, the reference point must be
at the intersection of the long axis and the centerline of the principle
outlet.

(c) Unless the use of exaggerated dimensions is
necessary for clarity, have the same vertical and horizontal scales.

6. For the purposes of determining whether a
person is required to apply for approval of plans for the decommissioning of a
dam pursuant to paragraph (b) of subsection 2 of NRS 535.010, the State Engineer
will calculate the capacity of the dam as the volume of water, expressed in
acre-feet, detained above the anticipated elevation of the lowest point on the
toe of the dam.

7. As used in this section,
“decommissioning” includes breaching and removing.

Ê The rejected
application, any accompanying plans or specifications and the fee, if any, will
be returned to the applicant.

2. The State Engineer will:

(a) Examine each unrejected application in the
order in which it is received; and

(b) Approve or disapprove the application within 90
days after receipt.

3. If the State Engineer returns the plans
and specifications to the applicant for correction or revision pursuant to
subsection 3 of NRS 535.010, the
State Engineer will:

(a) Identify the defects or other deficiencies;

(b) Establish a reasonable time, not to exceed 60
days after the date of receipt, within which the applicant may revise or
correct and resubmit the plans; and

(c) Retain the fee.

Ê There is no
additional fee for the resubmission of a revised or corrected application
within the time established by the State Engineer.

4. The State Engineer may condition his or
her approval of an application by imposing terms of approval on the work
proposed. If the State Engineer imposes such terms, he or she will provide a
copy of the terms to the Board of Wildlife Commissioners.

5. If the State Engineer approves, or
approves as conditioned, the plans and specifications for a dam, the State
Engineer will:

(a) Endorse the application with the State
Engineer’s stamp and signature;

(b) Retain a copy of the application for his or her
records;

(c) Return a copy of the application to the
applicant; and

(d) Deem the endorsed application a permit issued
by the State of Nevada for the purposes of NRS 535.050.

1. Except as otherwise provided in NAC 535.220, to obtain the approval of the State
Engineer pursuant to NRS 535.010,
the plans and specifications must, in addition to all other applicable
requirements, demonstrate to the satisfaction of the State Engineer that:

(a) The dam and reservoir are able to accommodate
the inflow design flood for the tributary watershed without the failure of the
dam or any other unintended release of water.

(b) The inflow design flood selected is appropriate
given the intended purpose, hazard classification and size of the dam.

2. For the purposes of this section, the
inflow design flood used for design purposes must not, except as otherwise
provided in subsection 3, be less than:

(a) A probable maximum flood, if the dam:

(1) Is classified as high hazard or is a large
dam and classified as significant hazard; or

(2) Lacks one or more spillways.

(b) The greater of one-half of the probable maximum
flood or a flood whose annual chance of exceedence is 0.2 percent, if the dam
is a small or medium dam and is classified as significant hazard.

(c) A flood whose annual chance of exceedence is 1
percent, for all other dams.

3. The State Engineer will approve plans
that use an inflow design flood which is less than those set forth in subsection
2 if the applicant provides an incremental damage analysis that demonstrates,
to the satisfaction of the State Engineer, that a lesser event is appropriate.

4. An applicant may use one or more
watershed diversion structures in lieu of spillways for the protection of a dam
embankment so long as:

(a) The impoundment created by the embankment so
protected is temporary; and

(b) The diversion structures are designed to
accommodate the greater of the inflow design flood or five times the expected
life of the impoundment.

5. A dam must have freeboard adequate to
prevent overtopping by wave run-up and reservoir fetch above the storm
surcharge elevation. The adequacy of the freeboard must be demonstrated by
evidence satisfactory to the State Engineer in the form of:

(a) A wave run-up and reservoir fetch calculation;
or

(b) Proof that the freeboard is not less than 3
feet above the storm surcharge elevation.

6. As used in this section, “storm surcharge
elevation” means the elevation that the water surface would reach if the inflow
design flood of a dam were added to a reservoir that is at its maximum
conservation elevation.

1. Except as otherwise provided in NAC 535.220, to obtain the approval of the State
Engineer pursuant to NRS 535.010,
the plans and specifications must, in addition to all other applicable
requirements, demonstrate to the satisfaction of the State Engineer that the
dam is able to accommodate an earthquake or other extreme motion event without
the failure of the dam or any other unintended release of water.

2. Except as otherwise provided in
subsection 3, the applicant must calculate the seismic response to a maximum
credible earthquake of a dam and its foundation, including, without limitation:

(a) Potential liquefaction;

(b) Loss of material strength;

(c) Settlement;

(d) Ground displacement; and

(e) Wave action due to landslide or seiche.

Ê Any numeric
analysis of the seismic response must be calculated for the normal maximum
loading condition with steady-state seepage. If a pseudo static stability
analysis is performed for an earthen embankment, the calculations must be
accompanied by a description of the assumptions used in deriving the seismic
coefficient used in the calculations.

3. Subsection 2 does not apply to a dam
classified as low hazard or to a small earth dam classified as significant
hazard, if the applicant demonstrates to the satisfaction of the State Engineer
that the:

1. A professional engineer shall provide
design and construction oversight for any work on a dam for which the plans and
specifications require the approval of the State Engineer pursuant to NRS 535.010.

2. A contractor licensed pursuant to chapter 624 of NRS shall perform all
construction on a dam classified as high hazard or significant hazard and on a
large or medium dam classified as low hazard.

3. A small dam classified as low hazard may
be designed by empirical methods.

1. An applicant who begins construction of a
dam pursuant to an application approved by the State Engineer shall:

(a) Comply with all terms and conditions imposed by
the State Engineer as conditions for approval; and

(b) Ensure that all construction conforms to the
plans as approved.

2. A dam built in violation of this section
is not legally established or recognized for the purposes of NRS 535.050, and the State Engineer
may order the removal of such a dam pursuant to that section. In addition, if
the dam presents an immediate danger, the State Engineer may take the remedial
steps authorized in NRS 535.030.

1. An owner shall not abandon a dam unless,
not later than 30 days before doing so, the owner notifies the State Engineer.

2. The notice must include:

(a) The name, mailing address and telephone number
of each owner of the dam.

(b) The number of the permit for each water right
for the water formerly impounded by the dam.

(c) The location of the dam. The location must be
expressed by bearing and distance to a known section corner from a reference
point on the dam. The reference point must be on the long axis of the dam at the
station where the toe is at the lowest elevation. If no single point meets this
criterion, the reference point must be at the intersection of the long axis and
the principle outlet centerline of the dam.

1. A person whose application for approval
of plans for the decommissioning of a dam has been approved by the State
Engineer may apply for the closure of the file associated with the dam.

2. The State Engineer will close a file if:

(a) The dam has been breached intentionally or
through mishap;

(b) The dam and impoundment have been
decommissioned;

(c) The dam was not built;

(d) All water rights associated with the dam have
been moved, cancelled, denied, withdrawn or forfeited; or

(e) The applicant withdraws the application for
approval of plans for a dam.

3. If the State Engineer closes the file,
the dam may not be returned to service and no water may be impounded behind the
dam represented by that file until an owner complies with all applicable
sections of this chapter and chapter 535
of NRS.

1. Except as otherwise provided in
subsection 8, an owner of a dam approved by the State Engineer pursuant to this
chapter shall not put the dam into operation, or otherwise impound any water,
until the owner obtains an approval to impound, including a temporary approval
to impound, from the State Engineer.

2. To obtain an approval to impound, an
owner or operator must submit to the State Engineer:

(a) The name, mailing address and telephone number
of the operator of the dam;

(b) Proof of completion of work, including, without
limitation:

(1) A completed cover sheet on a form supplied
by the State Engineer;

(2) The certification of a professional
engineer that the construction was in substantial compliance with the plans and
specifications as approved;

(3) Documentation, satisfactory to the State
Engineer, of quality assurance and quality control in the construction of the
dam;

(4) A set of plans for the dam as-built; and

(5) Any other documents required by the terms
of the approval; and

(c) The fee for filing proof of completion of work
required by NRS 533.435.

3. An owner or operator may request an
approval to impound a volume of water that is less than that granted to the
applicant as specified in the approval of the application for approval of plans
for a dam by submitting proof of completion of work for the work actually
performed.

4. The State Engineer will request, in
writing, any missing or additional information or correction of deficiencies
not later than 30 days after receiving a request for approval to impound.

5. The State Engineer will grant, in
writing, an approval to impound upon:

(a) Successful completion of terms pertaining to
construction;

(b) Submittal of a complete proof of completion of
work form; and

(c) Receipt of all requested additional
information, if any.

6. The approval to impound will set forth,
without limitation:

(a) The approved capacity of the reservoir to the
maximum conservation elevation;

(b) The approved height of the dam;

(c) The minimum amount of freeboard that is
required to be maintained; and

(d) Any other conditions or restrictions on operation
imposed by the State Engineer.

7. If the State Engineer orders a dam or
embankment to be breached or maintained in a drained condition pursuant to NRS 535.030:

(a) The current approval to impound water shall be
deemed revoked; and

(b) No water may be impounded behind the structure
until:

(1) All conditions of the order have been
satisfied; and

(2) The owner has obtained a new approval to
impound pursuant to this chapter.

8. A dam in existence before March 15, 1951,
shall be deemed to have approval to impound that volume of water for which
water rights had been established pursuant to chapters 533 and 534 of NRS by that date.

9. As used in this section:

(a) “As-built” means record drawings prepared from
surveys made during construction and upon completion of the structure.

(b) If the dam is a storm water detention dam that
is designed to be and is operated in a normally drained state, “maximum
conservation elevation” means the upstream invert elevation of the low-level
outlet.

1. Notwithstanding any provision in NAC 535.300, 535.310 or 535.320 to the contrary, an owner or operator shall
not impound an amount of water that is greater than the amount for which he or
she possesses water rights that are legally established and recognized:

(a) Through a valid claim of vested right;

(b) By decree of a court of competent jurisdiction;
or

(c) Pursuant to a permit issued by the State
Engineer.

2. If a water right for water impounded by a
dam is moved, cancelled, denied, withdrawn or declared forfeited, the owner
shall:

(a) Reduce the amount of water impounded to the amount
of water rights remaining; or

1. Except as otherwise provided in
subsection 4, the State Engineer will, not later than December 31 of each year,
assess each private, nonagricultural dam that is operated pursuant to an
approval to impound, including a temporary approval to impound, the fee for
approved storage required by NRS
533.435.

2. The State Engineer will use the approved
capacity stated in the approval to impound, including a temporary approval to
impound, in effect as of December 31 of the fiscal year of the assessment as
the approved storage capacity subject to the fee.

3. The fee is due and payable upon receipt.

4. This section does not apply to a storm
water detention dam so long as the dam:

1. The State Engineer will, pursuant to NRS 535.030, inspect or require an
owner to inspect:

(a) A dam classified as high hazard not less than
once a year;

(b) A dam classified as significant hazard not less
than once every 3 years; and

(c) Any other dam not less than once every 5 years.

2. The State Engineer may at any time
inspect, or require an owner to inspect, a dam under construction to determine
the condition of any element relevant to the safety of the dam, including,
without limitation:

(a) The preparation of the foundation;

(b) The placement and compaction of the material;

(c) The construction of the outlet;

(d) Armoring; and

(e) Filling.

3. The State Engineer will send to the
operator:

(a) A copy of each report of a safety inspection;

(b) A list of repairs, if any, that are required;
and

(c) A list of repairs or other maintenance, if any,
that are recommended.

4. If an operator fails to complete all
required repairs in a reasonable time or the State Engineer concludes that a
hazardous condition exists that may threaten life or property, the State
Engineer may order the operator to lower, drain or cease diverting water into
the reservoir until the operator satisfies the State Engineer that the repair
has been completed or the condition has been rectified.

5. If the State Engineer determines,
pursuant to subsection 3 of NRS
535.030, that immediate remedial action is necessary to safeguard life or
property, the State Engineer will:

(a) Take such action;

(b) Post, at the headworks of the dam, a notice
that states:

(1) The telephone number and address of the
State Engineer’s office;

(2) The specific action the State Engineer is
taking; and

(3) The authority under which the State
Engineer is acting; and

(c) Serve a copy of the notice on the operator at
the most recent address provided by the operator or owner.

6. The State Engineer may enter onto private
land for the purposes of administering this section.

7. The State Engineer may, pursuant to NRS 535.030, require an owner or
his or her designee to:

(a) Submit to the State Engineer a proposed
schedule of inspections of the dam and any works appurtenant to the dam;

(b) If the State Engineer approves the inspection
schedule, cause the inspections to be conducted;

(c) Maintain records of all inspections and any
actions taken to correct any deficiencies identified; and

(d) File with the State Engineer, not later than 30
days after each inspection, a copy of the report of the inspector.

(a) Operate and maintain his or her dam and works
appurtenant to the dam in a safe manner and in accordance with all applicable
permits, laws and regulations.

(b) Take all necessary action allowed by law to
prevent the failure of the dam.

(c) Notify the State Engineer and local responsible
authorities of any:

(1) Problem or unusual event at the dam; or

(2) Change in the name or address of an
operator or owner of the dam, reservoir, shoreline or water right associated
with the dam.

(d) Modify his or her dam to meet changing
downstream hazard conditions or upstream watershed modifications.

2. If a dam has multiple owners, each owner
must be party to an agreement that allocates responsibility for the maintenance
of the dam and regulation of water impounded by the dam among all the owners. A
copy of the current agreement must be maintained in the office of the State
Engineer.

3. The State Engineer will direct
communications relating to a dam to the operator. Notice to the operator shall
be deemed notice to every owner.

1. If there is an actual or proposed change
in the ownership of a dam for which an approval to impound, including a
temporary approval to impound, has been granted by the State Engineer, the new
or prospective owner may obtain the transfer to him or her of the approval to
impound.

2. The State Engineer will transfer the
approval to impound if:

(a) The holder of the approval to impound consents
in writing to the transfer; and

(b) The new or prospective owner of the dam
submits, in writing:

(1) Proof that he or she is, or proposes to
become, an owner of the dam;

(2) The date of the change in ownership; and

(3) An acknowledgment that the new or
prospective owner has received a copy of the approval to impound that is in
effect and is aware of its terms, including, without limitation, any conditions
or restrictions on operation imposed by the State Engineer.

3. Nothing in this section affects any duty,
responsibility or other obligation to which a party to the transfer of the
approval to impound is otherwise subject pursuant to the provisions of this
chapter or chapter 535 of NRS.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.390Violations. (NRS 532.120, 535.010, 535.050)A person
who violates any provision of this chapter may, depending on the nature of the
violation:

3. If the State Engineer orders the removal
of the dam pursuant to NRS 535.050,
be required to bear the expenses of such removal.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.400Variances. (NRS 532.120)The
State Engineer may, upon a showing of good cause, grant a variance from any
provision of this chapter, including, without limitation, an extension of time
to comply with any such provision.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.410Exemptions. (NRS 532.120)Nothing
in this chapter grants an exemption from any applicable federal, state or local
requirement.

(Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.420Effective date of documents. (NRS 532.120)An
application, correspondence, plan, report or other document submitted to the
State Engineer pursuant to this chapter takes effect on the day when a physical
copy is received in the office of the State Engineer and is stamped
accordingly.